32-27-3-10. Attorney’s Fees and Costs to Claimant
Sec. 10. If a construction professional unreasonably: (1) disputes a home owner’s claim; (2) fails to remedy or compromise and settle the claim; (3) fails to repair the construction defect within a reasonable time, subject to the nature of the repair or some unforeseen event not caused by the construction professional; or (4) fails to […]
32-27-3-11. Filing; List of Defects
Sec. 11. (a) In every action brought against a construction professional, the claimant must file with the court and serve on the defendant a list of known construction defects in accordance with this section. (b) The list of known construction defects must contain a description of the construction that the claimant alleges to be defective. […]
32-27-3-12. Notice of Right to Offer to Cure; Action Not Barred
Sec. 12. (a) Upon entering into a contract for sale, construction, or substantial remodeling of a residence, a construction professional must provide notice to each home owner of the construction professional’s right to offer to cure construction defects before a home owner may commence litigation against the construction professional. The notice must be conspicuous and […]
32-27-3-13. Contractual Relationship Not Affected
Sec. 13. Nothing in this chapter shall be construed to hinder or otherwise affect the employment, agency, or contractual relationship between and among home owners and construction professionals during the process of construction or remodeling and does not preclude the termination of those relationships as allowed under current law. Nothing in this chapter shall negate […]
32-27-3-14. Tolling of Statute of Limitations
Sec. 14. If a written notice of claim is served under section 2 of this chapter within the time prescribed for the filing of an action against a construction professional based on an alleged construction defect, the applicable statute of limitations for construction related claims is tolled with respect to the alleged construction defect described […]
32-27-2-10. Breach of Warranty; Actions Against Builder; Damages; Attorney’s Fees
Sec. 10. (a) If a builder provides and breaches a warranty set forth in section 8 of this chapter (or IC 34-4-20.5-8 or IC 32-15-7-8 before their repeal), the home buyer may bring an action against the builder for: (1) damages arising from the breach; or (2) specific performance. (b) If damages are awarded for […]
32-27-2-11. Warranties in Addition to Contract Rights; Other Remedies
Sec. 11. (a) The warranties set forth in this chapter (or IC 34-4-20.5 or IC 32-15-7 before their repeal) are in addition to any rights created by contract between the parties. (b) The remedies provided in section 10 of this chapter (or IC 34-4-20.5-10 or IC 32-15-7-10 before their repeal) do not limit any remedies […]
32-27-3-1. Definitions
Sec. 1. The following definitions apply throughout this chapter: (1) “Action” means any civil lawsuit or action in contract or tort for damages or indemnity brought against a construction professional to assert a claim, whether by complaint, counterclaim, or cross claim, for damage or the loss of use of real or personal property caused by […]
32-27-3-2. Notice of Claim; Response
Sec. 2. (a) At least sixty (60) days before filing a construction defect action against a construction professional, the claimant must serve written notice of claim on the construction professional. The notice of claim must state that the claimant asserts a construction defect claim against the construction professional and must describe the claim in reasonable […]
32-27-3-3. Action for Construction Defect; Notice of Rejection; Notice to Terminate Offer or Proposal
Sec. 3. (a) If the construction professional disputes the claim or does not respond to the claimant’s notice of claim within the time set forth in section 2(b) of this chapter, the claimant may bring an action against the construction professional for the claim described in the notice of claim without further notice. (b) If […]